Māori Law Review

Waitangi Tribunal (Wai 2575, 2021)

20 December 2021

The Waitangi Tribunal reported on its priority inquiry into elements of the Crown's response to the COVID-19 pandemic. The report focused on the Crown's vaccination strategy and the shift in late 2021 to the COVID-19 Protection Framework (the traffic light system). This is a more complete summary of the key findings from this report. 

Download Haumaru: The COVID-19 Priority Report (Pre-publication version) (2.2 MB PDF).

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Pohio - Kekerione No 32 or Waikato

Māori Land Court (2022) 75 Te Waipounamu MB 179 (75 TWP 179)

9 March 2022

Application for an occupation order over 0.2376 hectares of a block of Māori freehold land on Wharekauri (Chatham Island).

Download Pohio - Kekerione No 32 or Waikato (237 KB PDF). read more

Smith v Smith

High Court [2022] NZHC 272

24 February 2022

Decision concerning an application to adjourn a formal proof hearing. Service on defendants had not been properly effected. Inappropriate to grant adjournment due to procedural inadequacies and abuse of process. The proceedings were dismissed.

Download Smith v Smith (335 KB PDF).

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Te Kōti Matua – High Court

Judicial review - health information - refusal to share Māori vaccination data - Te Pou Matakana Limited v Attorney-General [2021] NZHC 2942 - Craig Linkhorn

Judicial review - health information - further refusal to share Māori vaccination data - Te Pou Matakana Limited v Attorney-General [2021] NZHC 3319 - Craig Linkhorn

Te Kōti Pīra Māori – Māori Appellate Court

2022 Māori Appellate Court judgments - index

2021 Māori Appellate Court judgments - index

Te Kōti Whenua Māori – Māori Land Court

Succession - life interest - Gardiner v Hingston - Succession to Heta Kenneth Hingston (2021) 268 Waiariki MB 50 (268 WAR 50) - Craig Linkhorn

Trusts - termination of whānau trust - Surnamecrown v Haig-Clarke - Kaiaua 1 and Others (2022) 269 Waiariki MB 20 (269 WAR 20) - Elizabeth Derby

Trusts - termination of trust - review of administration of trust - Tatere v Hauraki - Mangatainoka No 1BC No 2C No 1 (2021) 93 Tākitimu MB 135 (93 TKT 135) - Elizabeth Derby

Trusts - trustee duties - review of trust - jurisdictional bar - Tawa v Ataria - Tuaropaki E (2021) 267 Waiariki MB 184 (267 WAR 184) - Elizabeth Derby

Trusts - trustee appointment - conflict of interest - Paerau v Bailey - Kauaeroa (2021) 440 Aotea MB 262 (440 AOT 262) - Elizabeth Derby

Trusts - trustee liability - trustee removal - Deputy Registrar v Moeahu - Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) and Other Blocks (2021) 437 Aotea MB 3 (437 AOT 3) - Elizabeth Derby

Trusts - trustee removal refused - Rihari v Auckland - Takou (2021) 240 Taitokerau MB 42 (240 TTK 42) - Elizabeth Derby

Trusts - trustee removal - failure to disclose earlier conviction - Murray v Murray-Halkyard - Whakakoro A Part and Another (2021) 243 Taitokerau MB 229 (243 TTK 229) - Elizabeth Derby

Trusts - trustee removal - Taueki v Taueki - Horowhenua No 11 B Subdivision No 14 and Other Blocks (2021) 437 Aotea MB 134 (437 AOT 134) - Elizabeth Derby

Trusts - trustee removal - King v Manukonga - Section 11 Oākura Town Belt (Oākura Pā) (2021) 437 Aotea MB 124 (437 AOT 124) - Elizabeth Derby

2022 Māori Land Court judgments - index

2021 Māori Land Court judgments - index

Ngā whakahaere rauemi - natural resource management

Māori interest in natural resource management - 2021 in review - Dave Randal, Thad Ryan, Frances Wedde, Chelsea Easter, Avikesh Chandra, Manahi Moana, Francesca Dykes, and Claudia van Zijl

Print version

Download the Māori Law Review February 2022 (574 KB PDF)

Te Pou Matakana Limited v Attorney-General

High Court [2021] NZHC 2942

1 November 2021

Successful judicial review of the Ministry of Health's decision not to provide individual data of unvaccinated Māori to Te Pou Matakana Whānau Ora Commissioning Agency to enable targeted delivery of COVID-19 vaccination services. The decision was set aside and the Ministry directed to reconsider the matter.

Download Te Pou Matakana Limited and others v Attorney-General (367 KB PDF).

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Te Pou Matakana Limited v Attorney-General

High Court [2021] NZHC 3319

6 December 2021

Judicial review (a sequel to the earlier judicial review) sought by Te Pou Matakana Limited of a decision by the Ministry of Health (the Ministry), in which the Ministry declined to provide the applicants with the personal details, contact details, vaccination status, and vaccination booking status of Māori in Te Ika-a-Māui/North Island who have not yet received any dose of the COVID-19 vaccine or have only received one dose.

Download Te Pou Matakana Limited and others v Attorney-General (507 KB PDF).

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Māori Land Court (2021) 268 Waiariki MB 50 (268 WAR 50)

24 December 2021

Decision determining succession under a will, and in particular succession to family property subject to a life interest. Because of legislation that had changed since the deceased's death, the deceased's partner will receive income and discretionary grants from the property for her life but will not receive the possessory life interest that the law formerly provided for.

Download Gardiner v Hingston - Succession to Heta Kenneth Hingston (255 KB PDF). read more

Māori Land Court (2021) 437 Aotea MB 3 (437 AOT 3)

10 September 2021

Applicant sought the removal of trustees and restoration of the trust fund by the trustees personally in light of fraud by a former trustee.  The Court considered the former trustees should be granted relief from liability.

Download Moeahu and Others - Lot 1 DP 17494 Part Section 2345 New Plymouth (Old Railway Station) and Other Blocks (550 KB PDF). read more

Dave Randal, Thad Ryan, Frances Wedde, Chelsea Easter, Avikesh Chandra, Manahi Moana, Francesca Dykes, and Claudia van Zijl review legal developments from 2021 relating to Māori interests in natural resources.

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Māori Land Court (2022) 269 Waiariki MB 20 (269 WAR 20)

26 January 2022

Application to terminate a whānau trust in order to obtain income from land interests dismissed.

Download Surnamecrown v Haig-Clarke - Kaiaua 1 and Others (215 KB PDF). read more

Māori Land Court (2021) 440 Aotea MB 262 (440 AOT 262)

12 November 2021

Application to appoint new trustees of the Patapu Trust. Objections were raised about one proposed trustee over concerns about a conflict of interest. The Court found the objections were without foundation, the new trustee was appointed.

Download Paerau v Bailey - Kauaeroa (255 KB PDF) read more

Māori Land Court (2021) 437 Aotea MB 134 (437 AOT 134)

20 September 2021

Decision to determine whether the trustees of the Muaūpoko Trust should be removed and, following that, whether an election of trustees should be held.

Download Taueki v Taueki - Horowhenua No 11 B Subdivision No 14 and Other Blocks (264 KB PDF). read more

Māori Land Court (2021) 437 Aotea MB 124 (437 AOT 124)

15 September 2021

Application for a judicial conference seeking the Court's assistance regarding a former trustee's conflict of interest. Court held that the trustee would have been removed for cause had he not resigned for breach of duties of non-conflict and non-profit.

Download King v Manukonga - Section 11 Oākura Town Belt (Oākura Pā) (303 KB PDF). read more

Māori Land Court (2021) 243 Taitokerau MB 229 (243 TTK 229)

22 December 2021

Application granted removing a marae trustee because they failed to disclose an earlier conviction to the Court when they were appointed.

Download Murray v Murray-Halkyard - Whakakoro A Part and Another (243 KB PDF). read more

Māori Land Court (2021) 240 Taitokerau MB 42 (240 TTK 42)

5 November 2021

Application seeking to remove all trustees of a trust for cause dismissed. The Court found no evidence of real abuse, failure, or malfeasance on the part of the trustees.

Download Rihari v Auckland - Takou (309 KB PDF) read more

Māori Land Court (2021) 267 Waiariki MB 184 (267 WAR 184)

21 December 2021

Applications seeking a review of the terms of trust, enforcement of trustee obligations, and seeking directions from the Court to enforce trust obligations. Jurisdictional bar to undertake a review and no breach of trust. Applications dismissed.

Download Tawa v Ataria - Tuaropaki E (282 KB PDF). read more

Māori Land Court (2021) 93 Tākitimu MB 135 (93 TKT 135)

24 December 2021

Decision to address two applications relating to the Ngawapurua and Rua Roa Trusts. The first application seeking a review of trust was dismissed for want of jurisdiction and the second application seeking a termination of the Rua Roa Trust was granted.

Download Tatere v Hauraki - Mangatainoka No 1BC No 2C No 1 (293 KB PDF). read more

Puha v Crawford – Mokoia 19A and Others

Māori Land Court (2021) 439 Aotea MB 68-77 (439 AOT 68)

15 October 2021

Application to review a whānau trust and enforce trust obligations.  Trustees had breached their duties sufficient to warrant their removal.

Download Puha v Crawford – Mokoia 19A and Others (372 KB PDF) read more

This table lists the 2022 judgments of the Māori Land Court and contains links to reports about the decisions.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2023. Follow this link for the 2022 Māori Appellate Court judgments index. read more

This table lists the 2022 judgments of the Māori Appellate Court and contains links to reports about the decisions once decisions are released.

For other years: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2023. Follow this link for the 2022 Māori Land Court judgments index.

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